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ketchup56

No Ssoc Issued Before Return To Bva

Question

I recently had a remanded case remanded to the good ole AMC, solely for them to order my ssa records and attach to the files. Once i made sure that the records were indeed now a part of my case file i waived their consideration of adjudication and files were immediately returned to the bva in where it has been since mid july this year in the currently with vlj status. But before it went to the currently with vlj status on ebenefits it read that my files were being returned to the vamc. All this on the same day.

My question is even though i waived the amc"s jurisdiction, should i or not been issued a ssoc stating a continual of denial "BEFORE" returning files back to bva jurisdiction? Seems to me that this would be a procedural error and cause for a second remand therefore causing further delay in adjudication of appeal. I never received a ssoc and when i call the bva they say i need to get a copy from the amc (if the files are with the bva how can the amc provided me with a copy) and when i call the amc they say i have to get a copy from the bva. IF INDEED A SSOC WAS EVER WRITTEN NO ONE WILL TELL ME THIS.

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I recently had a remanded case remanded to the good ole AMC, solely for them to order my ssa records and attach to the files. Once i made sure that the records were indeed now a part of my case file i waived their consideration of adjudication and files were immediately returned to the bva in where it has been since mid july this year in the currently with vlj status. But before it went to the currently with vlj status on ebenefits it read that my files were being returned to the vamc. All this on the same day.

My question is even though i waived the amc"s jurisdiction, should i or not been issued a ssoc stating a continual of denial "BEFORE" returning files back to bva jurisdiction? Seems to me that this would be a procedural error and cause for a second remand therefore causing further delay in adjudication of appeal. I never received a ssoc and when i call the bva they say i need to get a copy from the amc (if the files are with the bva how can the amc provided me with a copy) and when i call the amc they say i have to get a copy from the bva. IF INDEED A SSOC WAS EVER WRITTEN NO ONE WILL TELL ME THIS.

Read the remand instructions thoroughly.

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You should know if you ever got a Suplemental Statement of Case. That is, it should be sent to your address on file, and, unless you moved or the Va has your wrong addy, you should have received a SSOC.

My recommendation: Dont say anything now. If your appeal is successful, then also, do not say anything. However, if your appeal is later denied, then you could raise this procedural error.

If a SSOC is indicated by the evidence, and the VA fails to file the required SSOC, that is a procedural error similar to the VA failure to file a SOC.

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You should know if you ever got a Suplemental Statement of Case. That is, it should be sent to your address on file, and, unless you moved or the Va has your wrong addy, you should have received a SSOC.

My recommendation: Dont say anything now. If your appeal is successful, then also, do not say anything. However, if your appeal is later denied, then you could raise this procedural error.

If a SSOC is indicated by the evidence, and the VA fails to file the required SSOC, that is a procedural error similar to the VA failure to file a SOC.

This was "EXACTLY" the way i was planning to go. Procedural error"s keeps me in the game longer to submit new evidence to counter the BS that comes with these crazy and bizarre decisions.

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Well someone at bva caught this (no ssoc issused before returning to board) and bva is allowing files to be returned to the amc to correct this error and ordered the amc to adjudicate as instructed. This was done on jan. 10, 2013. Today i see on ebenefits that amc has as of 5-16-2012 (the date of first remand to amc) listed my claim status as an "Administrative review claim". Reason review was requested was because as stated in appeal updates my "status has changed" after receipt of "new evidence" (ssa records). Still researching "administration review claims" ordered by raters at vba. Not really sure what to make of this. Anyone ever had this happen in their claims process?

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My personal experience with the AMC caused me to wonder if they can read.

Did you formally sign the SSA authorization form from VA and is your SSDI award solely for you SC conditions (or what could become SC conditions?)

The BVA will not allow the AMC to infringe on our rights.

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